N.KY CRIMINAL DEFENSE LAWYER

Criminal Defense For Northern Kentucky & Cincinnati………………… THIS IS AN ADVERTISEMENT

Home - DUI - Who Takes DUI Case to Jury?

Who Takes DUI Case to Jury?

Posted on October 5, 2016 in DUI

I do.  As an attorney practicing DUI and criminal defense in Northern Kentucky for over 21 years, I have experience to handle your DUI defense.  This may include taking the case to a trial, whether a trial to the Judge or a trial to a jury.  Often times people are fearful of juries.  While a jury does have the ability to make recommendations tot he Judge regarding sentence, my finding is that juries tend to sentence about the same as most courts.

A DUI conviction stays on your record for ten (that’s right, 10) years.  If you have a defense, you should consider exercising all of your rights before you plead guilty.

If a case is a close call – say you fail 4 of 6 field tests but there is no bad driving. The jury may acquit or may convict.  A lot depends on how well the officer testifies and how well the defense attorney cross examines that testimony.  Whether there is a video is also a factor.  If there is no video, an attorney  may point out why the officer fails to videotape the encounter.  If there is, that video will provide the best evidence regardless of the testimony of the officer.

Any attorney who regularly tries cases has wins and losses.  It is an unfair question to ask, and often very unrealistic, to believe that there are attorneys who do not lose.  That is TV.  Real attorneys take cases to trial, some of which are difficult if not impossible to win.  Even hopeless cases have a chance of acquittal.  Many attorneys claim a “win” as anything as good or better than the offer by the prosecution.  That would allow for a DUI conviction where the person is charged with DUI, so long as the sentence is not worse with a trial than a plea.

For example, I was recently involved with a DUI jury trial wherein my client blew over .10, which is obviously over the .08 legal limit.  According to the testimony of the officer, the client also failed all 6 of the 6 field sobriety tests.  It was still a triable case as the video did now show that the field tests were as bad as the officer testified.  While unfortunately the jury did convict, they suggested the minimum sentence of $200 fine and no (0) jail time.  My client had his day in court and, moreover, was none the worse for taking the case to a jury trial.

If you want to discuss a DUI charge and possibility of taking the case to a bench or jury trial, contact an attorney who regularly handles these types of cases.  In Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.